Shaw ANC Protest for Joe Englert Bar near Dacha Beer Garden

Long-time DC restauranteur Joe Englert got a frosty reception for his proposed new tavern, Trinity, on Tuesday, April 7. Englert appeared before Advisory Neighborhood Commission (ANC) 6E/Shaw to ask for endorsement of a new tavern license for the proposed operation at 1606 7th Street NW, two doors up from Dacha Beer Garden at 7th and Q Streets.

Blue building center right is 1606 7th Street

Englert told the ANC the tavern would be a "barbeque concept", serving from a food truck parked on the patio behind the main building. There will be DJs inside the establishment, so Englert is seeking an entertainment endorsement on his liquor license.

According a Notice of Public Hearing by DC's Alcoholic Beverage Regulation Administration (ABRA), available here, Trinity will have a "[f]ull menu with ribs, pulled pork, turkey, and salads". It will have an inside capacity of 199 and outdoor space with capacity of 68. Trinity seeks to keep the interior portion of its operation open until 1:45am Sunday - Thursday, and 2:45am Friday and Saturday. The exterior portion would be allowed to stay open until 2am seven days a week, according to the application, but liquor service outside would end before midnight Sunday to Thursday, and just before 2am weekends.  Live entertainment would be permitted until 10pm, seven days a week.

Back-to-back with people's homes

1606 7th Street is back-to-back with a series of row houses that face 8th Street. They would be separated from Trinity's outside service by a narrow alley. ANC6E Commissioner Alex Padro (district 01) noted "significant concern" from these neighbors. The proposed tavern would be in Padro's district.

"We have families that live 10 feet from the back" of the proposed establishment, Padro said.

"The inside part, I welcome. It's the outside part that bothers me," one neighbor said.

"You need to make choices about what this is going to be," the same neighbor said.

"For us, it's a quality of life issue," said a representative of the Central Shaw Neighborhood Association. "Outdoor residential drinking space is a non-starter for some neighbors."

"We do largely welcome development in the neighborhood," she added.

Slightly odd ANC conversation

The conversation took some strange turns. Commissioner Rachelle Nigro (district 04) asked, if this application failed, and the next applicant wanted to open a "titty bar", would the neighbors object to that also? Nigro said that the neighbors could not "pick and choose" what type of businesses they liked in the neighborhood.

Other Commissioners openly disagreed.

Commissioner Kevin Chapple (district 02) said: "I can completely sympathize. You have a right to pick and choose."

Commissioner Frank Wiggins (district 03) also expressed solidarity: "I hear the cry of the neighbors."

Padro said he had served on ANCs for 15 years, and had never protested a liquor license. In this case, however, Padro (also chair of ANC6E's liquor-licensing affairs committee) said talks with Englert about the establishment and "what were the deal breakers" yielded no satisfactory conclusion.

The 800-pound gorilla in the room was the nearby Dacha Beer Garden (1600 7th Street). This establishment was mentioned in connection with the noise issue several times. When a speaker did so, the speaker usually felt it necessary to acknowledge the present applicant was not the Dacha Beer Garden, and any complaints about the behavior of the patrons of the Dacha Beer had no bearing on this application. Yet Dacha Beer Garden still seemed to be on everybody's mind.

Padro said when Dacha applied for a liquor license, they claimed their capacity was 129, but often "in reality" there were 400 people there.

"The noise is unbearable," Padro said.

Nigro noted some neighbors who had been before the ANC in support of Dacha a few years ago were now emailing and appearing against this bar's liquor license application.

Englert was present during the discussion but did not speak very often. He mentioned there was "many ways to attack noise", but he did not make any specific suggestions or promises.

Vote and next steps

The ANC voted to protest the liquor license application. The vote to protest was five to one -- the dissenting vote was from ANC6E Chair Marge Maceda (Commissioner for district 05).

The petition of protest by the ANC (and the neighbors, if they choose to act separately) have to be filed by April 27. Trinity's next scheduled ABRA hearing is scheduled for Monday, May 11, at ABRA's offices on the 4th floor of the Reeves Center (14th and U Streets).

Englert has opened over a dozen bars in the District. He is perhaps best known for many establishments on H Street NE, including The Rock and Roll Hotel and H Street Country Club. Englert operations in the Shaw/U Street area include DC9 and the now-closed State of the Union.

Read a 2012 Washingtonian magazine portrait of Englert here, which includes (near the end) some information about Englert's relations with ANCs on H Street NE.

(Photo credit: Google Street View)

All Souls Bar Mobilizes Social Media to Support Outdoor Service

CORRECTION: When originally published, the first sentence of this article said the patio would be at the corner of "8th and I Streets". Apologies.

All Souls Bar (725 T Street NW) has launched a campaign on social media to gain community support for a planned patio at the corner of 8th and T Streets. As a result, Nick Baumann, chair of the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street, has received about 50 emails in support of the planned patio as of last Thursday evening, April 2, when the ANC had its regularly-scheduled monthly meeting. (Baumann also tweeted this information on the same day.) By comparison, at a meeting of the liquor-licensing committee on March 18, Baumann reported he had received eight emails, divided for and against.

From All Souls Bar's Facebook page

In order to serve outside, All Souls will have to get permission from DC liquor-licensing authorities. The first step toward this permission would be getting buy-in from the community, including the ANC. Neighbors of, and property-owners near, the establishment have come to the last two meetings of the liquor-licensing affairs committee of the ANC to oppose the proposal -- see SALM blog posts of February 25 and March 25.

On April 1, All Souls Bar published a post on its Facebook page asking for community support. At the same time, it tweeted a "call to action", directing readers to the Facebook post.

The Facebook post has pictures of the proposed space (see above) and also cites reporting on this blog. All Souls Bar's owner/operator David Batista writes he feels "opposition is unwarranted with some misinterpretation of the law and our intentions." Batista also writes:

We want to take a barren lot and surround it with trees and plantings to beautify the corner for pedestrians and patrons alike. We want a patio with table service only—no standing, no speakers and no smoking (sorry folks). A patio with limited hours.

The post urges supporters to email Baumann and ANC Commissioners and "let them know why you support All Souls and our patio". As of this writing, the post has 190 "likes" and has been shared 40 times, including on the SALM Facebook page.

Shortly after the post was published, it was shared on the Facebook-based blog U Street Buzz and was the subject of a sympathetic article on the blog Popville. In both places, it received many additional likes and favorable comments. The Popville article also has some unfavorable comments.

Since the original Facebook posting, All Souls Bar has thanked it supporters on Twitter for the "great and truely humbling" response, and urged supporters to "keep the emails coming, you are being heard".

At the April 2 meeting, several ANC1B Commissioners said they had received emails in support of the patio. Baumann told the ANC the matter would come up again at the next regularly-scheduled liquor-licensing committee meet, and he expected it to be "contentious". There was little further discussion and no vote of any kind on the project at the April 2 meeting.

The next meeting of the liquor-licensing affairs committee of ANC1B is scheduled for Wednesday, April 15. Meetings usually start at 7pm, and take place at the Thurgood Marshall Center (1816 12th Street, between S and T Streets).

Two Questions about Outdoor Seating for All Souls Bar

CORRECTION: Someone wrote to me that the "neighbor" mentioned below does not actually live in the neighborhood. Whenever he is referred to as "neighbor" in the text below, I changed it to "man". Apologies for the error.

David Batista, owner/operator of All Souls Bar (725 T Street NW), with his attorney Andrew Klein of Veritas Law Firm, appeared at last meeting of the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street on March 18. They wanted to talk about the details of proposed outdoor seating at the corner of T and 8th Streets. They had artist's renderings already on set up on easels, ready to show the committee. But the papers covering the drawings were never removed, and the committee never saw them, as neighbors once again were there to object.

All Souls Bar (grey building left) wants to serve here

"Not much has changed since the last meeting," said committee chair Nick
Baumann. The only development, Baumann said, was that he had received about eight emails total on the topic -- some for, some against.

All Souls Bar has not officially applied to DC's Alcoholic Beverage Regulation Administration (ABRA) for permission to serve outdoors. The ANC has taken on the task of trying to negotiate between the parties.

ANC1B Chair James Turner (Commissioner for district 09) urged all parties to try to arrive at a durable solution.

"Everybody wants a patio, a roof deck, a pop up, a pop out, a shoot out," Turner said in exasperation. Turner told both sides the ANC wanted "something we're not going to get a noise complaint about later".

The discussions at the meeting generated two questions...

Was the decision to allow the bar to open illegal?

"ABRA put a bar there even though there is a law against it," said one of the neighbors man about a 2012 decision (13-page .pdf here) that allowed All Souls to open.

Attorney Klein said: "I would suggest that he [the neighbor man] familiarize himself with the law." Klein sarcastically referred to this neighbor man as "the gentleman from Montgomery County".

The law the neighbor man refers to is a DC law forbidding issuance of liquor licenses to establishments within 400 feet of a school -- in this case, the Cleveland Elementary School (1825 18th Street), which is across T Street.

The neighbor man would be wise to take the attorney's advice about familiarity with the law. As this Greater Greater Washington blog post explains, ABRA found the prohibition against a liquor licensee within 400 feet of a public school did not apply in this case, since there was already another licensee (an Ethiopian market/restaurant on 7th Street) operating within 400 feet. This stipulation is clearly laid out in the law -- see DC Code §25-314(b) here.

The neighbor man could, perhaps more accurately, state that enforcement of the spirit of the law -- to protect schoolchildren from seeing and interacting with drunk patrons -- had been violated over a technicality. The Ethopian market/restaurant on 7th Street is around the corner and out of sight of the school, therefore drinking there not a matter of immediate concern to parents. The tavern, on the other hand, is across the street, clearly visible from the school.

However, this argument also is unlikely to gain traction in this case for two reasons: (1) All Souls is committed to operating only outside of school hours, and (2) ABRA's 2012 decision clearly states it is not in the business of shielding children's eyes from seeing establishments where liquor is served.

What's the law on outdoor service near schools?

Rule 23-302.5 of DC Municipal Regulation (available for download here) says

No alcoholic beverage shall be sold or served by a licensee upon any portion of any premises which fronts upon, abuts, adjoins, or is opposite to the premises of any of the institutions or recreation areas mentioned in this section unless that portion of the premises where alcoholic beverages are served is within a building; provided, that the restriction of service within a building is not applicable to Class C or D licensees on non-school days, weekends, and after 6:00 p.m. on weekdays, allowing alcohol products to be served on licensed outdoor patios which are part of the licensee's premises.

All Souls Bar is a class C licensee, so service after 6pm school days, and longer hours on other days, is possible, according to the regulations. So neighbors of the bar will probably make a case for denying outdoor service on the basis of "peace, order and quiet" -- this being the most frequently used language when neighbors oppose a liquor license.

All Souls Bar is located in ANC1B district 01 -- Brian Footer is the Commissioner. It is also borders on district 02 -- Ellen Nedrow Sullivan is the Commissioner. These two will have the task of trying to bring the sides together. Sullivan is on the liquor licensing affairs committee and said she was planning to start meetings with a protesting neighbor in the week following the meeting.

No vote was taken on any aspect of this proposal at the March 18 meeting.

Tropicalia Assault Case Report: No Blame on Club

The owner of the dance club Tropicalia (2001 14th Street NW) gave a freshly-minted official report to a committee of Advisory Neighborhood Commission (ANC) 1B/U Street on March 18. This report, the owner said, exonerated his club of any wrong-doing concerning two alleged cases of assault by club bouncers against women customers -- see SALM blog post of January 22.

Tropicalia is in the basement of this building at 14th and U

Jesse Cornelius, Public Affairs Specialist at DC's Alcoholic Beverage Regulation Administration (ABRA), said in an email the report (see copy here) states that ABRA "took the matter under consideration and decided to take no further action."

The chair of the liquor-licensing affairs committee, Nick Baumann, began the discussion as a part of the committee's regularly-scheduled committee meeting. Baumann had invited both the customers and the club ownership to the meeting to discuss the incident, and both sides were present.

"It's not our role to rule on the facts," Baumann said.

Baumann then said ABRA had not yet ruled on the case. It was at that moment that Tropicalia owner Amanollah Ayoubi first informed the committee of the ABRA report's existence. Ayoubi said the report had been issued that day and had "dismissed the case". He gave the committee a copy of the report.

Ayoubi was given the floor and disputed much of the customers' version of events as presented to the committee in January. The owner's version of events largely agrees with that presented in the ABRA report. For example, one customer stated at the January committee meeting she had been assaulted by the nightclub bouncer. However, the report says the only assault that occurred at that time was when the woman struck the bouncer after refusing to leave.

The owner also said there was no video of the incident. The club keeps surveillance camera video for two weeks. They were notified by ABRA of the investigation 17 days after the incident took place, the owner said.

The owner also accused the customers of waging an unfair campaign against the club on social media.

ANC Commissioner John Green (district 12 -- where Tropicalia is located) asked if the bouncer involved in the incident was still working at Tropicalia.

Another member of the management team said the bouncer involved in the incident had left -- "for unrelated reasons".

The customers who had made the allegations and their allies sat silently while the owner talked to the committee. When he was finished, Baumann asked if they wished to say anything. One of them took up his offer.

"The reason I came before this body was to give you a heads up," she said.

She said she had been "attacked and injured" at the club and a report had been "filed with the prosecutor". However, she said, she understood the owner's perspective.

"I want to prevent that from happening again," she said.

Barring further developments, this seems to be the end of the case. The committee did not take any action or any vote on this matter at the meeting.

(Photo credit: Google Street View)

Problem Liquor Stores at 14th and U and in Columbia Heights Seek Liquor License Renewal

This is the second of two articles published today about renewals of liquor store licenses -- more specifically, about the renewals that the liquor licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street discussed at its March 18 meeting. All DC liquor stores have until the end of March to file applications to renew their Class A liquor licenses.

Many of the applications seemed routine and generated little or no discussion. The two cases below were exceptions.

Bestway Liquors

The owner of Bestway Liquors (2011 14th Street) attended the meeting and reported that his mandatory placard about the renewal application has been up in the window of his store for about a week. Commissioner John Green (district 12 -- also the location of Bestway Liquors) reported "positive and negative remarks" via email about the store. He read the emails to the meeting about the store, which is located on the east side of 14th Street just north of U Street. Some emails said the store "attracts unsavory people", that there were "people loitering", and "drunks passed out" in front of the store.

Bestway Liquors and placard on March 19

The owner of the store said he tried to do everything possible to limit people from congregating in front of his store, but the space was after all a public sidewalk as well as a bus stop. He said it was particularly difficult to get people to clear out of the bus stop, which had a bench. Police had told him not to shoo people away from the store -- he should call the police, because anything on the sidewalk was police responsibility.

The owner and his attorney showed the ANC several "certificates of compliance", which is what liquor stores get when DC authorities attempt a "sting" to get the store to sell liquor to underage or obviously drunk patrons, and the store (complying with the law) refuses to do so. The owner also showed several "barring notices" -- official documents that allow an owner to refuse to sell to specific individuals who have been a problem. On some occasions, the owner says he observes, on the store's security cameras, barred individuals sitting at the bus stop persuading others to buy liquor on their behalf. When the owner sees this, he said, he refuses the sale.

The owner also said he does not sell malt liquor or "singles".

A police officer at the committee meeting said the MPD had a new additional police officer assigned to that stretch of U Street and hoped the officer would reduce the problems in front of Bestway Liquors.

The committee voted to take no action. If there are no official complaints to DC's liquor-licensing authorities, the store will probably have its license renewed.

Fairmont Liquors

"It draws a huge crowd of Howard students," said one committee member of Fairmont Liquors (2633 Sherman Avenue).

"They come in six, seven, ten at a time," the owner of Fairmont Liquors told the committee.

(Google Street View)

The committee noted three cases of selling liquor to minors. In November 2014, Fairmont Liquors was fined $8000 and ordered closed for 15 days for selling to underaged individuals who were probably Howard students -- see SALM blog post of December 9, 2014.

"The problem is a fake ID," the owner said. "They [meaning, the ID cards] come from many states, not just Virginia, Maryland, but Alaska, many states."

The owner told the committee he had gotten a booklet from DC's liquor-licensing authorities to help him distinguish genuine out-of-state IDs from not-so-genuine.

"We need to take a serious look at the record," said ANC1B Chair James Turner (Commissioner for district 08). Turner noted there were occasions when there was no ID check.

"Is that a good community neighborhood establishment?" Turner said.

During the discussion it was also noted there had been a homicide at the liquor store sometime during the last three years. However, the homicide was unconnected with the store, except for the fact that it took place there, and no one suggested the owner was in any way culpable.

A member of the committee asked if the establishment had security camera. The owner said he had one inside camera and was planning four cameras outside.

The liquor license renewal application for Fairmont Liquors has not started its placarding period yet, so there was no vote at the meeting. The committee expects to take up the case at its next meeting. The owner was advised to prepare as much as possible in order to make a strong case for renewal when he comes before the committee.

Many other liquor stores in the area between U Street and Columbia Heights are coming up for renewal -- see the bottom of today's other post for a list.

Recently-robbed LeDroit Market Gets Community Help, Committee Endorsement

LeDroit Market (1901 14th Street NW) is getting support from its neighbors after it was robbed. It also easily got endorsement for a regularly-scheduled renewal of its liquor license at a March 18 meeting of a committee of Advisory Neighborhood Commission (ANC) 1B/U Street.

(Google Street View)

Liquor licenses come up for renewal every three years, timed so that each year a different class of license comes up for renewal. This year, it's "class A" liquor licenses -- that is, the licenses that allow liquor stores to operate -- and their application for license renewal must be filed before the end of March.

LeDroit Market seemed to be the first local establishment to file for renewal. At the meeting, Commissioner Brian Footer (district 01 -- also the location of LeDroit Market) told the committee the store had been "amazing" and an "absolute model" of an excellent community business, soliciting neighborhood opinion from the get-go.

The committee voted unanimously to endorse the application of LeDroit Market to renew its liquor license. The application will move next to the full ANC, which is scheduled to meet on Thursday, April 2, at 7pm, at a location to be determined.

Footer also reported LeDroit Market was robbed last weekend. A member of the MPD told the committee the robbers took about $400, but the market had "a good surveillance camera".

Footer told the ANC that LeDroit Park residents were organizing an event for next Wednesday, March 25, between 7 and 9pm. Local residents will make a special effort to go to the store and purchase items at that time in order to show support. The next day, a report of the same upcoming event appeared on the blog Left for LeDroit.

In addition to LeDroit Market, The ANC1B's liquor licensing affairs committee had a list of local liquor stores needing license renewals in its jurisdiction, which runs from U Street up to Columbia Heights and from 15th Street to Georgia Avenue.

Two other liquor stores, Bestway Liquors (2011 14th Street) and Fairmont Liquors (2633 Sherman Avenue) generated some discussion, which is the subject of a separate SALM post today.

A longer list of local liquor stores generated little or no discussion at the meeting, in part because no one from the public showed up to complain, and in part because they haven't completed their paperwork. These establishments include:

• Dove House Liquors (1905 9th Street)
• Florida Liquors (2222 14th Street)
• Gallagher & Graham (1939 12th Street)
• Harvard Liquors (2901 Sherman Avenue)
• Joe Caplan Liquors (1913 7th Street)
• Serv-u-liquors (1935 9th Street)

These will all probably be considered at next month's meeting after they officially apply for renewal of their license. The liquor licensing affairs committee normally meets on the third Wednesday of every month at the Thurgood Marshall Center (1816 12th Street) at 7pm -- next month, that will be April 15th. If you want to see a local liquor store change their behavior, this is an excellent opportunity to try to make it happen.

Darnell's Signs Agreement with U Street ANC, Protests Dismissed

Advisory Neighborhood Commissioner (ANC) 1B/U Street has signed a settlement agreement with Darnell's Bar (944 Florida Avenue NW), which will attempt to limit the noise coming from the establishment. As a result, the ANC withdrew its protest of Darnell's liquor license renewal as of March 11th, the date the agreement was officially recognized by DC's Alcoholic Beverage Control Board (ABRA).

Image of Darnell's from Google Street View

Protests by the ANC and other groups had threatened to close the establishment -- see SALM blog posts of October 22 and December 10, 2014.

Beside the ANC, three other parties were protesting the renewal. Two of these three protests were also dismissed on March 11th. One of the dismissed protest was that of a group of five or more neighbors. Any protest by a group of five or more is automatically dismissed when an agreement between the ANC and the establishment is signed, as set forth in Section 25-609 of DC Code.

The second dismissed protest was that of an abutting neighbor, who lives above the establishment. This neighbor's protest was dismissed because she failed to attend an ABRA hearing on February 18. Information gathered from an ABRA official transcript of the hearing indicates that the neighbor had gone "way down in Virginia" to visit family during the long Presidents' Day weekend immediately previous, and then was unable to return to DC due to a February 17 snowstorm that brought the area to a halt, closing schools and the federal government.

The third protesting party attended the hearing. He told ABRA about the upstairs neighbor's inability to make it back to the city, but said he had talked to the upstairs neighbor. She wished to remain a party to the protest.

He was asked if he had anything in writing that stated this.

"I couldn't get anything in writing. She left before the snow come," he replied.

He was asked if he had any email that stated this. He didn't.

"I'm not computer literate anyway and neither is she," he said.

According to the same transcript, the upstairs neighbor's protest was then dismissed. The neighbor who attended the hearing was advised that an appeal of the decision was possible if filed within 10 days of receiving notification. However, a March 11 ABRA document (page seven of an 18-page .pdf here) says that the neighbor's request for a reinstatement was unanimously denied. No reason for the denial was given.

On the same day, the protest of the upstairs neighbor was officially dismissed. See the order dismissing the protest here.

One protesting party remains -- a second abutting neighbor. This neighbor will get to make a case against Darnell's at the ABRA protest hearing, scheduled for April 8 at 1:30pm at ABRA offices at the Reeves Center (14th and U Streets).

The text of the settlement agreement between ANC1B and Darnell's can be seen as on the last page of the order dismissing the protest of the group of five or more here.

ANC1B voted to enter the settlement agreement with Darnell's at its regular monthly meeting in January -- see SALM blog post of January 12.

U Street ANC Asks Attorney General Opinion on Liquor License for Shared Office Space

At its regular monthly meeting March 10, Advisory Neighborhood Commission (ANC) 1B/U Street voted unanimously to ask the the office of the DC Attorney General to weight in on the matter of the requirement of a liquor license for DC branch of WeWork, located in the Wonder Bread Factory (641 S Street NW) in Shaw. This may set a precedent for all shared office space establishments in DC.

Wonder Bread Factory in 2013

"This is actually a very important issue to tackle," said ANC1B Chair James Turner (Commissioner for district 09).

DC's Alcoholic Beverage Control (ABC) Board has reviewed the case and issued a temporary liquor license to WeWork, according to page six of this March 4 document. This would allow WeWork to continue its practice of supplying beer free of extra charge to the tenants of its shared workspace for tech start-ups.   The ABC Board is presumably considering the issuance of a long-term Class C multi-purpose facility liquor license, which normally might cost around $2000 and be valid until March 2016.

WeWork, a multi-national company specializing in shared office space, had been providing a common refrigerator stocked with beer, as well as non-alcoholic beverages, to clients at its three DC locations until it was visited by the enforcement branch of DC's liquor-licensing authorities -- see SALM blog post here. While WeWork will probably not have difficulty getting a liquor license, the ANC brought up the possibility that WeWork doesn't actually need a liquor license as long as meets certain basic requirements -- similar to the 2014 case of a U Street art gallery reported here.

ANC1B voted to send a letter to the ABC Board supporting the contention that WeWork did not need a license. However, it was reported at the meeting that the ABC Board found aginst WeWork, meaning, WeWork is required to get a liquor license. This decision sets a precedent for all providers of shared office space in the district.

In addition, Commissioner Brian Footer (district 01) said: "It doesn't make sense."

Commissioners also reported advocates for WeWork had been given bad advice and had "made a poor argument during the basic finding hearing" at the ABC Board.

The DC Attorney General's office is not obligated to agree with ANC opinion, of course, but it is obligated to respond to a letter from the ANC.

In addition to the Wonder Bread Factory location, WeWork also has branches in Dupont Circle (1875 Connecticut Avenue) and Chinatown (718 7th Street).

Shaw ANC Tries to Solve Persistent Liquor-Licensing Problem

Advisory Neighborhood Commission (ANC) 6E/Shaw is trying to develop a solution to a chronic city-wide liquor-licensing problem. The problem is: restaurants "morphing" into nightclubs late in the evenings, meaning, restaurant proprietors clear away the tables, turn up on the music, and serve mostly or completely alcohol into the wee hours of the morning. Fear of these stealth nightclubs is what drives many objectors to restaurant-category liquor licenses -- see, for example, the May 16, 2014, SALM blog post about a proposed Florida Avenue establishment.

(photo credit below)

In response, ANC6E, with the help of the liquor-licensing lawyers they deal with, has developed a new template for settlement agreements between the ANC and restaurant proprietors. These agreements often dictate to what hours a liquor licensee may operate, as well as where and when they can feature live or recorded music.

The ANC6E template allows the counter-parties to these agreements to feature live music on a limited number of occasions. They may have live music at all weekend brunches and New Year's Eve. In addition, they are allowed twelve private parties with live music every year. After that, they are allowed six further instances of private parties every year which must be applied for as a "one-day substantial change" to the liquor license at DC's liquor-licensing authorities.

DC liquor-licensing rules limit the number of one-day substantial changes for an establishment to six per year. They involve additional paperwork, often notarized, to file with DC liquor-licensing authorities, as well as an additional fee of up to $300 per instance, all of which is probably a sufficient deterrent to filing for one unless absolutely needed.

The advantages seem to be: the restaurants have the flexibility to feature music late weekend mornings (when late-night noise and rowdy behavior is not an issue) and host a limited number of wedding-related events, office parties, etc., without having to petition the ANC for each event. On the other hand, the ANC gets a guarantee that late-night music and dancing will not be a regular occurrence.

Most recently, ANC6E used this template to come to a settlement agreement with, and endorse the liquor license of, Ottoman Taverna (425 I Street NW, at the corner of 4th and I Streets). The endorsement came at ANC6E's last regularly-scheduled meeting on March 3. Attorney Steve O'Brien of Mallios & O'Brien represented the applicant and said that the existing template made it much easier to negotiate the new agreement.

"It took me three minutes to prepare this version," O'Brien said.

O'Brien also told the ANC the new establishment would have inside seating for 166 and planned a sidewalk cafe with a capacity of 74. Service would continue until 2am weekdays and 3am weekends inside, and 11pm weekdays and midnight weekends outside. There would be no recorded music outdoors.

ANC6E's liquor-licensing affairs committee had review and recommended approval of the settlement agreement and endorsement of the liquor-licensing application, and the full ANC voted unanimously in favor, with one abstention.

Ottoman Taverna will be the third establishment in the same block by restauranteur Hakan Ilhan, joining Alba Osteria (also 425 I Street NW) and L'Hommage (450 K Street). L'Hommage received its liquor license endorsement and signed a settlement agreement with ANC6E last month based on the same template -- see SALM blog post of February 12.

(photo credit: from sfweekly.com. Labelled for reuse on Google Images.)

14th Street Sidewalk Cafe for Slipstream Coffee

A committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle unanimously endorsed a request for a sidewalk cafe for coffee shop/cocktail bar Slipstream (1333 14th Street NW) at a regular monthly meeting on February 25.

(Photo credit below)

A settlement agreement signed by the establishment and ANC2F in 2013 dictates that the sidewalk cafe cannot have more than 20 seats. The same agreement also says Slipstream can serve sidewalk patrons starting at 8 am seven days a week. They can continue until midnight Sunday to Wednesday, and 1 am Thursday to Sunday, plus the evening before federal holidays.

Ryan Fleming, co-proprietor (with wife Miranda) of Slipstream, told ANC2F's Community Development Committee (CDC) that DC public space regulations will also limit the number of tables to four.

In order to use public space like a sidewalk, it is necessary to get a public space permit from the District Department of Transportation (DDOT). A letter of endorsement from the ANC makes the process go more smoothly.

The plan is to put tables outside during hours of operation and pull them in at closing -- no permanent fixtures. There will be no railing fences at the perimeter of the space. The committee recommended putting planters at the corners of the outside space.

There were comparisons to the outdoor space of their immediate neighbor, the restaurant Birch and Barley (1337 14th Street) when Fleming told the ANC that slipstream would have an awning.

"Will it be as imposing as Birch and Barley?" asked CDC member Jim Lamare (Commissioner for district 05).

"The awning is not similar to theirs," Fleming said. He further explained that the awning was already in place and, unlike Birch and Barley, was attached to the building.

In many cases, after getting a public space permit from DDOT, a liquor licensee has an additional step of going back to DC's liquor-licensing authorities for specific permission to sell alcohol outside. However, in this case, the proprietors had the foresight to have provisions about outdoor service written into its original settlement agreement (an 11-page .pdf viewable here), even though they did not immediately use it. At the meeting, Fleming said Slipstream did not start outdoor service directly upon opening because it did not have the money to buy extra tables, chairs, planters, etc.

This matter is on the agenda for the next meeting of the full ANC, scheduled for Wednesday, March 4, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle). Matters passed unanimously by the CDC are routinely passed by the full ANC without further discussion, unless someone from the community shows up to object.

There is a September 20, 2013, SALM blog post about this establishment when it was still in its planning stages.

(Photo credit: Joe Flood/flickr.com - Creative Commons License 2.0)

All Souls Bar Meets Opposition to Outside Service

David Batista, owner/operator of All Souls Bar (725 T Street NW), came before the liquor licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street on February 18 to re-open the question of outside service. He met opposition from neighbors, at least one of whom is on the committee.

Lot on the left, normally grassy, was recently snowy.

"We've been open for 14 months. We've been good neighbors," Batista said.

Batista asked the committee to consider approving a patio to be located on a large grassy lot (see photo) adjacent to All Souls Bar on the west, facing 8th Street. Batista characterized the area "a city lot that we maintain". However, everyone agreed, it is not public space in the sense that the sidewalk is public space. Public records available at Property Quest, DC's public land-use database, indicate that the grassy area and the bar building are located on a single lot of property. The place in the database where the name and address of the lot owner normally appears is blank.

There is a much smaller paved area in front of the bar, and allowing outside seating there was discussed as a substitute for or an addition to the outside seating as Batista requested it.

Batista also told the committee that his appearance was supposed to be the beginning of a dialogue and no official request had been filed. Batista said he hoped the outside seating could be open until 11pm Sunday to Thursday and 1am on Friday and Saturday, and that there would be no music, live or recorded, outside the bar.

In June 2012, All Souls Bar was granted a liquor license by DC's Alcoholic Beverage Regulation Administration (ABRA) despite strong opposition centering on the bar's location across T Street from Cleveland Elementary School (1825 18th Street NW). Unusually for a liquor license application, the hearing of the case of All Souls Bar in March 2012 generated TV news coverage from WJLA (Channel 7) -- see video here.

Batista told the committee he had intended to have outside seating from the bar's opening but had withdrawn the request from his original application in the hopes it would make the process go more smoothly. 

Of the four people who came to the meeting to object to outside seating, none of them identified themselves as having a connection to Cleveland Elementary School. All of them self-identified as neighbors. 

"We don't want a patio," said one neighbor, who is also a member of the committee.

Another neighbor, who owns an abutting property, told the committee that the neighbors had fought for a settlement agreement with All Souls that excluded outside seating, and that they did not want the agreement changed. The tenant of the same abutting property also appeared and said she was against outside seating.

Yet another neighbor said he was against the bar at its opening but was now a customer of All Souls Bar. Still, he said, he was against outside service.

No vote was taken on the request. ANC1B Commissioners will take on the difficult task of finding common ground between the parties and negotiating an agreement

See the 2012 ABRA order issuing a liquor license to All Souls Bar here. The settlement agreement with the neighbors is attached as the final two pages of the 13-page .pdf document.

The 2012 application was the subject of coverage in many blogs, including Borderstan, Popville, GrassrootsDC, and Greater Greater Washington.

Stipulated Liquor License Recommended for Calabash Tea & Tonic in Shaw

Sunyatta Amen, a self-described "fifth-generation herbalist" and local TV and radio personality, appeared before the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street on February 18. She asked for a stipulated liquor license for a soon-to-open Shaw branch of her five-year-old Takoma vegan tea room, Calabash Tea & Tonic.

From website of Calabash Tea & Tonic

The address will be 1847 7th Street NW.

Amen told the committee she intended to serve "low alcoholic kombucha", cherry liqueur, and dandelion wine. She also said the shop might have some products from nearby Right Proper Brewing (624 T Street) but the shop would serve "primarily tea". The establishment may seek an endorsement on its license that will allow tastings, but it will not seek a live entertainment endorsement, nor will it have any type of outside seating. Its planned hours of operation are 8am to 11pm.

"It's not like we're a bar," she said. Nevertheless, the establishment is seeking a category CT license, also known as a "tavern license". These are more expensive than licenses often sought by restaurants ("CR"), but the holder is not obligated to demonstrate that a certain amount of its revenue come from sales of non-alcoholic items.

Amen said the establishment planned to open "maybe in three weeks".

Amen is a self-described "natural health advocate" who has a radio program on Monday afternoons on WPFW. She has appeared on many occasions on Fox 5 News doing demonstrations of healthy cooking, teas, and herbal remedies.

On her Fox 5 appearances, on her YouTube videos, and elsewhere online, she is sometimes referred to as "Dr. Sunyatta Amen".

The committee voted unanimously to grant the establishment a stipulated liquor license, which will allow it to serve alcohol while its paperwork for a permanent DC liquor license is processed, assuming that no other objecting parties appear. The chair of the committee did not vote on the matter, in accordance with ANC1B's new bylaws.

The matter will probably be considered by the full ANC at its next regularly-scheduled meeting, to be hear on Thursday, March 5, at 7pm, at a location to be determined.

ANCs have to authority to grant stipulated liquor licenses to allow establishments to get up and running. However, the potential licensees must make a separate application to the ANC and DC liquor-licensing authorities for a permanent liquor license, so the committee will probably see Amen again soon.

Intervention by Bar Operator's Mother Fails to Prevent ANC2B from Protesting Extended Operating Hours

At its regularly-scheduled meeting on February 11, Advisory Neighborhood Commission (ANC) 2B/Dupont Circle voted to protest the application of the owners of Parlay (1827 M Street NW) to extend their hours of alcoholic beverage sales and live entertainment. All the Commissioners present voted in favor of the protest.

Parlay now in the former Malaysia Kopitam space

Currently, Parlay is allowed to service alcohol and live entertainment until 10pm Sunday through Thursday and 11pm on Friday and Saturday. The establishment seeks permission to serve alcohol until 2am Sunday through Thursday and 2:45am Friday and Saturday, and to have live entertainment until 2am Sunday through Thursday and 2:30am Friday and Saturday.

The space was formerly occupied by the restaurant Malaysia Kopitam, but the new establishment has a "much bigger bar aspect".

The ANC asked the proprietor what sort of live entertainment he was planning. He said he had "no specific plans -- just thought the restaurant would ask".

There was some confused talk about what hours the old Malaysia Kopitam had on its license when it closed and the license was purchased, compared to what hours the same liquor license bore when it was re-issued to Parlay. The bar owner and the ANC had been discussing this issue for a few minutes when a woman in the audience stood up and strode past the proprietor standing at a microphone to testify to the ANC. Without being officially recognized by the ANC Chair, the woman stood before the ANC and set it straight on the hours of service attached to the liquor license in the past and now.

"This is my mom," the proprietor said sheepishly.

Noting that there were "trash and noise concerns generally", the ANC expressed a wish for a "clear and strong settlement agreement". The motion to protest included a provision that the protest would be dropped if a settlement agreement was signed.

Malaysia Kopitam did not have a settlement agreement with ANC2B.

According to information on the website of DC's Alcoholic Beverage Regulation Administration (ABRA), a preliminary hearing on Parlay's request for longer operating hours will take place on March 23 at 10am at ABRA's offices at the Reeves Center (14th and U Streets).

(photo credit: August 2011 image from Google Street View)

West Dupont Liquor License Moratorium: ANC Recommends 120 Day Extention, Seeks Public Comment

At its regular monthly meeting on February 11, Advisory Neighborhood Commission (ANC) 2B/Dupont Circle voted unanimously to recommend that the prohibition on new liquor licenses in the West Dupont Moratorium Zone be extended for 120 days. This will allow the ANC to provide input on the extention of the zone to DC's liquor-licensing authorities.

On the same day, ANC2B announced on its web site that it would be holding two public meetings later this month to collect community input on continuing the liquor licence moratorium in the zone, which extends roughly 600 feet from the corner of 21st and P Streets NW (see map).

As of now, the moratorium zone is set to expire on May 17. If the extension is not granted, ANC2B ill not be able to hold hearings and submit a recommendation to DC's Alcoholic Beverage Regulation Administration (ABRA) in time for its opinion to make a difference.

Commissioner Daniel Warwick (district 02)  announced there would be two public hearings about the liquor license moratorium. They will take place on Saturday, February 21st, from 2 - 4pm, and on Wednesday, February 25, from 7 - 9pm, at the Church of the Pilgrims (2201 P Street). 

Warwick also said a page had been set up on the ANC's website had been set up to solicit community input. The page includes a link to an online questionnaire about the liquor license moratorium.

The West Dupont Moratorium Zone is in Warwick's ANC district. ANC2B appointed him chair of a working group on the moratorium at its January meeting -- see SALM blog post of January 15.

The liquor-licence moratorium does NOT forbid liquor licenses in the area, but it does limit the number and category of licenses -- see a description of the moratorium zone on ABRA's website here.

New French Bistro in Mount Vernon Triangle Gets Liquor License Endorsement

At its regularly scheduled meeting February 3, Advisory Neighborhood Commission (ANC) 6E/Shaw endorsed the request for a liquor license by restauranteur Hakan Ilhan, who plans to open a French Bistro named "L'Hommage" at 450 K Street NW, across the street from the mixed-use City Vista building.

450 K Street in June 2014 (Google Street View)

Attorney Stephen J. O'Brien of the law firm Mallios & O'Brien introduced Ilhan as a person well known to the ANC and the community. Ilhan is the owner of the nearby Alba Osteria (425 I Street NW). ANC6E Chair Marge Maceda (Commissioner for district 05) suggested at the meeting that there might be a third restaurant from Illhan in the area soon.

L'Hommage will be in Maceda's ANC district.

The liquor license request had been examined by ANC6E's liquor-licensing affairs committee before the meeting. The parties had negotiated a settlement agreement, which was signed at the meeting and will become part of L'Hommage's liquor license. At the meeting, liquor-licensing committee chair Alexander Padro (Commissioner for district 01) said the applicants had agreed as part of the settlement agreement to close the 80-seat outdoor patio at midnight and also to limit the number of evenings in a year with live entertainment. This, Padro said, is to make it more difficult for L'Hommage to convert or evolve into a nightclub, as sometimes happens with restaurant-category liquor licensees in the downtown business district.

See an September 2014 from the Washington Business Journal about L'Hommage here.

Of the seven Commissioners, four voted in favor of the liquor license. There was one abstention and two Commissioners were absent.

ANC6E videos its meetings in their entirety and posts them on its YouTube channel. The discussion of the liquor license for L'Hommage can be seen by following this link to the first part of the February 3 meeting, starting at time 24:30.

Who Can Serve Alcohol in DC without a Liquor License?

DC's Alcoholic Beverage Regulation Administration (ABRA) decided on January 21 to schedule a hearing on the issue of whether WeWork is required to obtain a liquor license, according to a January 26 email from Jessie Cornelius, an ABRA Public Affairs Specialist. A date for the hearing has not been scheduled.

Detail from last year's letter to the Hamiltonian Gallery

WeWork, which located in the Wonder Bread Factory (641 S Street NW) in Shaw, is a multi-city company that provides office space for start-ups and small companies. It provides beer free of charge to its tenants, along with water, coffee, tea, and soft drinks.

In a separate SALM post today, it was reported, on the same day as the ABRA decision, WeWork got the endorsement of the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street for both a temporary liquor license (effective sooner) and a permanent liquor license (takes a while to obtain).

A team of representatives from WeWork explained the events which had led to their appearance before the committee. In an effort to comply with the law after a visit by ABRA enforcement staff, WeWork applied for a category CX liquor license. A CX liquor license, according to the ABRA web site, "[p]ermits multipurpose facilities including theaters, museums, sports facilities, passenger-carrying ships and trains to sell and serve beer, wine and spirits." This category license would cost $1,950 and expire on March 30, 2016. It was reported at the meeting that ABRA then told WeWork it would need a category CT, or tavern, license, which could cost up to $3,120 and expire on September 30, 2016.

Committee member Joan Sterling suggested a liquor license was not necessary. (Sterling is also President of the Shaw Dupont Citizens Alliance.) Sterling said there was new liquor-license-related rulemaking in the works which would make clear that businesses in this circumstance do not need a liquor license.

Sterling also said a similar set of circumstances existed last year when the Hamiltonian Gallery (1353 U Street) was visited by ABRA staff who informed the Hamiltonian it would need a liquor license to serve complimentary glasses of wine and beer at receptions that occurred once every six weeks -- see SALM blog post of July 22, 2014.

ABRA, Sterling said, decided that the Hamiltonian Gallery did not need a liquor license. A note on page 15 of a 28-page .pdf document here confirms that, on October 1, 2014, ABRA "determined no license was necessary". A transcript of the October 1 meeting (see page 17 of another 28-page .pdf here) shows DC liquor-licensing authorities voting unanimously that a liquor license was not necessary in this case "provided they [i.e., the Hamiltonian Gallery] comply with DC Code Section 25-102". ABRA spokesperson Cornelius confirms in his email that the Hamiltonian Gallery had received a letter signed by ABRA Director Fred Moosally stating a liquor licensing was not necessary.

Cornelius also explained in his email that DC ...

... laws and regulations provide that an entity—not a restaurant, tavern or other establishment that serves food, non-alcoholic beverages and/or provides entertainment—does not need to obtain a liquor license to provide alcoholic beverages gratuitously. A temporary liquor license or a caterer’s liquor license would still be needed for any event at a facility where:

(1) Alcoholic beverages are being sold or not provided gratuitously to guests;
(2) There is a cost, such as a cover charge or a requirement to purchase tickets to attend the event;
(3) The facility is being rented out for compensation;
(4) A caterer or bartender has been hired or is being paid to serve alcoholic beverages; and/or
(5) Non-alcoholic beverages, food, or entertainment are being sold or being charged for at the event.

At the January 21 ANC1B committee meeting, Sterling moved the ANC write a letter to ABRA stating the ANC does not believe a license is necessary. The motion was passed, and will be probably considered at the next meeting of the full ANC, scheduled for Thursday, February 5, at 7pm, at the Reeves Center (14th and U Streets) -- unless ABRA first makes a decision which renders the point moot.

WeWork's Liquor License: "I Didn't Realize It Was a Big Deal until the Police Came In"

A DC branch of WeWork, located in the Wonder Bread Factory (641 S Street NW), has gotten endorsement of both permanent and temporary liquor licenses  from the liquor licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street.

641 S Street in November 2013

The committee also voted to draft a letter to DC's liquor-licensing authorities stating that the ANC does not believe WeWork actually needs a liquor license. Whether WeWork actually needs a liquor license is the subject of a separate blog post today here.

The decisions occurred at the most recent committee meeting on January 21.

WeWork is a New York-based start-up that "creates collaborative co-working communities". It has branches in 13 cities in four countries. According to Forbes.com, the company "takes out a cut-rate lease on a floor or two of an office building, chops it up into smaller parcels and then charges monthly memberships to startups and small companies that want to work cheek-by-jowl with each other." A report in Wired.com said the company was valued at $5 billion.

At the January 21 meeting, Carl Pierre, head of DC Operations for WeWork, called the company a "shared office space collaborative environment". It supplies to tenants, as part of their leases, a shared kitchen stocked with water, tea, coffee, soft drinks, and beer, at no additional charge. The beer is sometimes deployed to lubricate "speed business coaching" and computer coding sessions, but is locked up at 10pm.

WeWork operated in this matter until they were visited by the enforcement division of DC's Alcoholic Beverage Regulation Administration (ABRA).

"I didn't realize it was a big deal until the police came in," Pierre said.

The committee held a single vote that recommended to the full ANC that they endorse both a stipulated liquor license and a permanent liquor license for WeWork. The vote was nine in favor, one against, one abstention.

A stipulated liquor license, explained here, is one of the few acts which an ANC can take on its own authority. If the ANC approves a stipulated license (and if there are no other objecting parties), then an establishment can start serving alcohol immediately after the payment of a $100 fee to ABRA, while the establishment's paperwork for a permanent license works its way through normal channels.

The full ANC will probably consider endorsement both the stipulated liquor license and the permanent license at its next meeting, scheduled for Thursday, February 5, at 7pm, at the Reeves Center (14th and U Streets).

However, as explained in a today's other blog post, it is possible that WeWork does not actually need a liquor license, in which case the time and money Pierre and others at WeWork spent engaging consultants, visiting the ANC committee meeting, etc., will have been unnecessary. 

ANC1B Committee Votes to Protest License for 24-hour Operation by Satellite Room

Satellite Room, a "hipster diner" located across from the 9:30 Club at 2047 9th Street NW, is asking for a change to its liquor license which would allow 24-hour operation. However, Ian Hilton, one of the co-owners of the Satellite Room, told the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street on January 21 that the intention was to operate 24 hours only on weekends, from opening at 5pm Fridays to "last call" Sunday night.

Satellite Room in 2012 (Photo credit below)

The sought-after changes would not only allow the establishment to stay open all night, but also to serve alcohol, both inside and outside, until 3am. Hilton said the intention was to stop serving alcohol at 2:30 am "last call" and not resume until 11am. Those remaining would be able to order food and remain inside.

The committee voted to recommend to the full ANC a protest for the proposed change in the license until a modified settlement agreement can be worked out between the Satellite Room, the ANC, and a group of objecting neighbors who are resident at The Floridian condo (929 Florida Avenue). The motion was made by ANC1B Commissioner John Green (district 12). Eight of the 11 committee members present voted for the motion, none against, three abstained.

A settlement agreement is a binding legal agreement. In the case of DC liquor licensees, a settlement agreement often deals with hours of operation, noise, trash disposal, parking, and other matters of community interest. A settlement agreement is part of the establishment's liquor license.

In this case, a settlement agreement (see page 4 of a 6-page .pdf here) was entered into in 2011 by the establishment (then called "Satellite Pizza") and the ANC. It allows the establishment to routinely stay open until 3am on the weekends. If the Satellite Room wishes to get DC's Alcoholic Beverage Regulation Administration (ABRA) to consent to the increase their opening hours, they will have to get the ANC to agree, as well as placating the residents of The Floridian who are planning to file a "group of five or more" protest.

Nick Baumann, chair of the ANC1B liquor-licensing affairs committee, said he had received "several emails" objecting to the extended hours. Baumann read one email as representative of all. The email complained of the noise from the Satellite Room's rear outdoor patio, which is legally defined as a "summer garden", even though it is largely concrete.

A married couple were present at the meeting to represent the residents of The Floridian. They reported that about 1/3rd of the units in face the Satellite Room on 9th Stree. They had 16 signatures of Floridian residents against the change in hours, and planned to get more.

"All of the unit owners are bothered by the current state of affairs," one of the Floridian residents said.

"You get the bass, the people talking over the music," she said.

She also said that, although the summer garden has a legal capacity of 24 seats, there are "roughly a hundred people there on many nights".

"Everyone's having difficulty sleeping," she said, adding that residents have to use white noise machines and ear plugs.

In addition, there have been problems with late-night smokers congregating in front of the condo, as well as on-street vomiting near the condo.

Owner Ian Hilton disputed that noise had been a problem, noting that DC authorities had visited his establishment after the neighbors had complained. ABRA had taken readings, and NOT cited his establishment for noise violations, unlike some of his neighbors.

"We've had visits from ABRA," he said. "We've been a compliant owner."

Hilton called the accusations of noise from his establishment "a case of mistaken identity"

The Satellite Room is in ANC1B district 11. The newly-elected ANC1B Commissioner for the district is Robb Hudson. Hudson was present at the meeting, and it seems like the task of trying to negotiate an agreement will fall to him.

The full ANC will probably vote at its next regularly scheduled meeting on the recommendation to protest the application for the liquor license change. The meeting is scheduled for Thursday, February 5, at 7pm, at the Reeves Center (14th and U Streets).

ABRA will have a "roll call" hearing on February 17, 10am, at ABRA headquarters on the fourth floor of the Reeves Center. The ANC and "group of five or more" will have to show up and have standing as a protesting group officially accepted. After that, there will probably be attempts at mediation.

(Photo credit: Borderstan.com, used by permission)

CORRECTED: Assaults by Staff at 14th and U Club Alleged at ANC1B Committee Meeting

CORRECTED: After publication, I received an email from one of the woman mentioned below with a list of corrections. As I result, I rewrote parts of this article. I have tried to indicate edits with strikethrough for deletions and italics for additions. Also, I am adding the text of the email at the end of the article.

Two women came before the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street last night (January 21) to allege that they had been assaulted inside the dance club Tropicalia (2001 14th Street NW).

"He dragged me down to the floor," one woman said. "He slammed me to the wall trying to drag me out."

Tropicalia is downstairs from the Subway at 14th and U

Although both of the women identified themselves (and their attacker) by name at the public meeting, I am not printing any of the names out of an abundance of caution, even though one of the women specifically gave me permission to print her name. After the meeting ended, I asked permission from both of the women to write a story about their testimony. They both agreed without hesitation.

One of the victims identified herself as a 24-year-old woman. She went to Tropicalia on New Year's Eve in early December, but neglected to take identification. She was allowed into the club, but was marked with a black "X" on her hands to indicate that she could not drink in the club. Nevertheless, she managed to obtained a drink from a performer. When the staff member saw the woman with the drink, he told her to leave the club approached her. She attempted to talk to him, and put the drink down and apologized. The staff member then assaulted her without warning, in the manner quoted above, she told the meeting. She also said the incident took place in front of five witnesses, one of whom was punched in the face.

The other woman said her incident took place on New Year's Eve, and did not detail what happen to her at the club, but she said she was injured and had to go the hospital. She also said the incident took place in front of five many witnesses, two of whom gave statements to the police.

"It's hard enough for me to talk about this," said the second woman.

The woman said she was in the club and felt a man touch the small of her back. She told him not to touch her there. She told him to say "excuse me" when trying to get by, instead of touching. The man grabbed her, picked her up bodily, crushing her ribs while walking her around. He told the woman he could touch her wherever he wanted.

Both women have reported the incidents to the police and have police reports.

One of the women The 24-year-old woman said the owner of the club had called to apologize. The owner also said the employee would be removed. But when the woman went to Tropicalia to meet with the owner, she said, the owner was absent but her assailant was present. The assailant told her that he would not be losing his job, that he had never actually touched her, and there was no footage of the incident from security cameras.

She also told the committee the assailant said: "Bitch, I'm not going anywhere."

"I'm astounded and I'm shocked," said one committee member, himself a liquor licensee.

The same committee member told the women that they might wish to press the owner on the matter of security footage because, according to DC law, licensees were only obligated to hold onto security footage for 30 days. By the end of the month, the liquor licensee would be able to legally destroy the video of the New Year's Eve incident.

Members of the committee told the women that this matter was one to be brought before DC's Alcoholic Beverage Regulation Administration (ABRA). They also advised the women to make sure that ABRA got a copy of the police reports. Committee Chair Nick Baumann said the incident would certainly come up when the liquor license came up for renewal in 2016, but there was a feeling at the meeting that it was a long time to wait.

"People need to be accountable for what they do," a committee member said.

Baumann said he would ask the licensee to come to the next meeting of the liquor-licensing affairs committee, scheduled for February 18. Would the women be willing to return and talk with owner in front of the committee?

They would, they said.

Committee members called up public records at the meeting which indicated that there had been an alleged assault at the club in 2014, but ABRA declined to take any action against the club in relation to the event.

(Photo credit: Google Street View)

UPDATE: Below is the text of the email from one of the women, correcting the record:

quote

I would correct the following inaccuracies:

Woman #1

·       This occurred in early December
·       She did not buy a drink, the performer passed one to her
·       The staff member did not tell her to leave the club, he simply approached her
·       She put the drink down and said sorry before he assaulted her, without saying anything
·       At least 5 witnesses, one of whom was punched in the face
·       When she went back and was surprised he was not fired as the owner had promised, the security staff told her, “Bitch, I’m not going anywhere.”

Woman #2 (me)

·       31 years old
·       New Year’s Eve
·       I felt hands on the small of my back from a random person walking through the crowd. I told the man, “Don’t touch me there.” I told him he could say excuse me when trying to get by, instead of putting his hands on my body. He got aggressive, grabbed me, put me in a bear hug, and crushed my ribs while lifting me up and walking me around, telling me “I can touch you however I want.”
·       I only found out when I talked to the police that he was the head of security.
·       Many witnesses, 2 of whom were with me and have given statements to MPD
·       Owner called me to apologize, but this is disingenuous; he already knew about this particular staff member assaulting women, because he knew about what happened to woman #1.

end quote